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They include: The person is 18 or over (different safeguards apply for children). The person is suffering from a mental disorder. The person lacks capacity to decide for themselves about the restrictions which are proposed so they can receive the necessary care and treatment.
If the person has freely chosen and consented to their situation, then they have not given up any of their freedom. A deprivation of liberty only happens when someone lacks the ability to decide for themselves (known as 'mental capacity') where they will live and what care they will receive.
MENTAL CAPACITY, MENTAL HEALTH, and ELIGIBILITY ASSESSMENTS. This combined form contains 3 separate assessments; if any assessment is negative there is no need to complete the others unless specifically commissioned to do so by the Supervisory Body.
The managing authority can deprive a person of their liberty for up to seven days using an urgent authorisation. The managing authority can deprive a person of their liberty for up to seven days using an urgent authorisation.
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What does a review of DoLS authorisation involve? A review of a deprivation of liberty authorisation is a formal process to decide whether the care that deprives someone of their liberty is still needed. This can take place at any time and doesn't have to be at the end of the authorised period.
In this case the Managing Authority needs to request a Review to cease the DoLS Authorisation (Form 9 \u2013 Standard Authorisation Ceased).
The acid test states that an individual who lacks the capacity to consent to the arrangements for their care and is subject to continuous supervision and control and is not free to leave their care setting, is deprived of their liberty and should be the subject of a DoLS application (where they are in a care home or ...
The Liberty Protection Safeguards (LPS) was introduced by the Mental Capacity (Amendment) Act 2019 to replace the DoLS as the system that authorises arrangements amounting to a deprivation of liberty in order to provide care or treatment to an individual who lacks the relevant mental capacity, in England and Wales.
Factors that indicate that an individual may be deprived of liberty include: that the person is confined to a restricted place for a non-negligible period of time. that the person does not have the capacity to consent to their care and treatment in those circumstances.

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